With a view to prove their respective stands taken, both the parties led their documentary as well as oral evidence. After hearing both the parties and going through the evidence brought on record, learned trial court came to the conclusion that plaintiff has duly proved his case. However, it was also held that as per demarcation report, plaintiff was found to have encroached upon 3 biswas of land, which was in the name of defendants and even defendants have also encroached upon 1 biswa of land which was ownership of the plaintiff. Accordingly, suit was partly decreed vide judgment dated 11.4.2012. Defendants were directed to hand over the possession of land measuring 1 biswa to the plaintiff, which was belonging to him. However, plaintiff was also directed to hand over the possession of land measuring 3 biswas to the defendants, which was belonging to them. Defendants felt satisfied. However, plaintiff-respondent filed his first appeal for modifying the decree granted by the learned trial court, so as to decree his suit in toto.
